clearly
observed that the respondent could not remain present due to
unavoidable circumstance i.e. due to illness. At the same time on
the next ... order came to be passed. Therefore, as the ground
mentioned is unavoidable circumstance
of due to illness, the Court below ought to have considered these
negligence and because he was in judicial custody and because of
unavoidable circumstances he remained absent. But the burden lies on
the respondent to prove
State vs H.E on 25 August, 2011
Author: Akil Kureshi
Bench: Akil Kureshi
SCA
Anas vs State on 24 January, 2011
Author: Jayant Patel
Bench: Jayant Patel
Gujarat High
Shailly vs State on 30 August, 2011
Author: S.J.Mukhopadhaya
Bench: S.J. Mukhopadhaya
necessary" means indispensable, requisite;
indispensably requisite, useful, incidental or conducive; essential;
unavoidable; impossible to be otherwise; not to be avoided;
inevitable. The word
rata basis. The respondents have made it clear that
it had become unavoidable for the erstwhile Board to develop
infrastructural facilities and continue the same
statutory appeal
period expires. It is further submitted that sometimes due to
unavoidable circumstances and precarious situation, the assessee
would not be in a position
appellant called him between
10.00 hours and 11.00 hours, but due to unavoidable circumstances
the complainant could not reach to the office of the appellant
clause 10.5. It is clarified that in
very rare and for unavoidable reason and circumstances, it is not
possible to ensure that the profit ... balance
sheet of the company comply with the accounting standards, then, in
unavoidable circumstances, the Transferee company shall, upon Scheme
being effective, disclose